ALJDEC

01F-C012111-BFS · Department of Building and Fire Safety · 2001-12-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 27, 2001, at 1:30 p.m. APPEARANCES: COMPLAINANTS: did not appear. RESPONDENT: did not appear.

ADMINISTRATIVE LAW JUDGE: Anthony Halas. _____________________________________________________________________ FINDINGS OF FACT 1. On the basis of Complainant’s request, hearing in this matter was scheduled to convene in Phoenix, Arizona, on December 27, 2001, at 1:30 p.m., as set by Notice of Hearing issued via certified mail on November 15, 2001, by the Assistant Director of the Arizona Department of Building and Fire Safety (Department). 2. At the time and place scheduled for hearing, and for an additional twenty minutes, neither Complainant nor Respondent appeared, nor was any information received to explain their nonappearance.

CONCLUSIONS OF LAW Complainants must prove the elements of the CITATION AND COMPLAINT issued by the Department on August 8, 2001. That burden is by a preponderance of the probative evidence. Because Complainants did not appear at hearing, either on their own behalf or through a representative, they have failed to present any evidence and their burden of proof has not been met.

RECOMMENDED ORDER In view of the foregoing, it is recommended that the appeal in Case No. 01-2/111 be dismissed. Done this day, December 27, 2001.

______________________________________ Anthony Halas Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2001, to:

Department of Building and Fire Safety N. Eric Borg ATTN: Shawna Blank East Virginia, Suite 100 Phoenix, AZ 85004

By ___________________________

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826